PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ
THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 11/7/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface with Toe Juice, also known as
TJ, located at 4423 Palm Point, San Antonio, Texas 78259 and our subsidiaries and affiliates,
in association with the use of the TJ website, which includes https://www.toejuice.com, (the “Site”) and its
Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the
herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services,
through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable programs,
are the sole property of Toe Juice. At its discretion, Toe Juice may offer additional website
Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall
apply to any and all additional Services and/or products and any and all updated, modified or revised Services
unless otherwise stipulated. Toe Juice does hereby reserve the right to cancel and cease offering any of
the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and
agree that Toe Juice shall not be held liable for any such updates, modifications, revisions, suspensions
or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after
such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates,
changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should
you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be
provided “AS IS” and as such Toe Juice shall not assume any responsibility or obligation for the
timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a
legally binding contract. In addition, you must be in good standing and not an individual that has been
previously barred from receiving TJ’s Services under the laws and statutes of the United States or other
When you register, TJ may collect information such as your name, e-mail address, birth date, gender, mailing
address, occupation, industry and personal interests. You can edit your account information at any time. Once you
register with TJ and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- furnish factual, correct, current and complete information with regards to yourself as may be requested
by the data registration process, and
- b) maintain and promptly update your registration and profile information in an effort to maintain accuracy
and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Grain Bins
Online will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of
the Agreement, and as such refuse any and all current or future use of Toe Juice Services, or any portion
It is Toe Juice’s priority to ensure the safety and privacy of all its visitors, users and members,
especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that
permit their child or children access to the TJ website platform Services must create a “family” account,
which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent
or legal guardian of any child or children registered under the “family” account. As the creator of the “family”
account, s/he is thereby granting permission for his/her child or children to access the various Services provided,
including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal
guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate
for his/her child.
Every member’s registration data and various other personal information are strictly protected by the Grain Bins
the collection and use of the information provided, including the transfer of information within the United States
and/or other countries for storage, processing or use by Toe Juice and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within
your account. It is your responsibility for any act or omission of any user(s) that access your account information
that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify
Toe Juice immediately if you notice any unauthorized access or use of your account or password or any
other breach of security. Toe Juice shall not be held liable for any loss and/or damage arising from any
failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately
posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content
originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed,
transmitted or otherwise made available by way of the TJ Services, and as such, we do not guarantee the
accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or
damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made
available by TJ.
Furthermore, you herein agree not to make use of Toe Juice’s Services for the purpose of:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any TJ officials, forum leaders,
guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- forging captions, headings or titles or otherwise offering any content that you personally have no right to
pursuant to any law nor having any contractual or fiduciary relationship with;
- uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon
any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally
have any right to offer pursuant to any law or in accordance with any contractual or fiduciary
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such
areas that may have been designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software
virus or other computer code, any files and/or programs which have been designed to interfere, destroy
and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively
affect other users’ ability to participate in any real time interactions;
- interfering with or disrupting any Toe Juice Services, servers and/or networks that may be
connected or related to our website, including, but not limited to, the use of any device software and/or
routine to bypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or international law, including,
but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange
Commission, in addition to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and
any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location, and or
source to any organization delegated by the United States government as a “foreign terrorist
organization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” or with the intent to otherwise harass another individual; and/or
- collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Toe Juice herein reserves the right to pre-screen, refuse and/or delete any content currently available
through our Services. In addition, we reserve the right to remove and/or delete any such content that would
violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
Toe Juice herein reserves the right to access, preserve and/or disclose member account information
and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content is in violation of the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property or the personal safety of Toe Juice, its visitors, users and members, including the general public.
Toe Juice herein reserves the right to include the use of security components that may permit digital
information or material to be protected, and that such use of information and/or material is subject to usage
guidelines and regulations established by Toe Juice or any other content providers supplying content
services to Toe Juice. You are hereby prohibited from making any attempt to override or circumvent
any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication,
distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in
whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using https://www.toejuice.com to send electronic
communications, which would include, but are not limited to, email, searches, instant messages, uploading of
files, photos and/or videos, you will be causing communications to be sent through our computer network.
Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this
Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or
transferring of software, technology and other technical data may be subject to the export and import laws of the
United States and possibly other countries. Through the use of our network, you thus agree to comply with all
applicable export and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control
program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion
report ( http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm ) nor a member of any other
government which may be part of an export-prohibited country identified in applicable export and import
laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of our network
Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemical or biological
weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data which would
be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Toe Juice shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor
make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for
Toe Juice the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of Grain Bins
Online’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of Toe Juice’s sites, and
shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible
areas of Toe Juice’s sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network Services are for the sole
purpose of providing and promoting the specific area in which this content was placed and/or made
available for viewing. This license shall be available so long as you are a member of Toe Juice’s
sites and shall terminate at such time when you elect to discontinue your membership.
- For any other content submitted or made available for inclusion on the publicly accessible areas of Grain
Bins Online’s sites, the continuous, binding and completely sub-licensable license which is meant to
permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any such Content into other
works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Toe Juice’s sites are those such areas
of our network properties which are meant to be available to the general public, and which would include
message boards and groups that are openly available to both users and members. However, those areas which are
not open to the public, and thus available to members only, would include our mail system and instant
CONTRIBUTIONS TO COMPANY WEBSITE
Toe Juice provides an area for our users and members to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree
- your contributions do not contain any type of confidential or proprietary information;
- TJ shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or
implied, related to any Contributions;
- TJ shall be entitled to make use of and/or disclose any such Contributions in any such manner as they
may see fit;
- the contributor’s Contributions shall automatically become the sole property of TJ; and
- TJ is under no obligation to either compensate or provide any form of reimbursement in any manner
All users and/or members herein agree to insure and hold Toe Juice, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content
a member or user of our site may submit, post, modify, transmit or otherwise make available through our
Services, the use of TJ Services or your connection with these Services, your violations of the Terms of
Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to TJ’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Toe Juice may set up any such practices and/or limits regarding the use of
our Services, without limitation of the maximum number of days that any email, message posting or any other
uploaded content shall be retained by Toe Juice, nor the maximum number of email messages that may
be sent and/or received by any member, the maximum volume or size of any email message that may be sent
from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated
on Toe Juice’s servers on the member’s behalf, and/or the maximum number of times and/or duration
that any member may access our Services in a given period of time. In addition, you also agree that Grain Bins
Online has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages
and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge
that we reserve the right to delete or remove any account that is no longer active for an extended period of time.
Furthermore, Toe Juice shall reserve the right to modify, alter and/or update these general practices and
limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with
whom you communicate with the ability to save your conversations in your account located on Grain Bins
Online’s servers. In this manner, you will be able to access and search your message history from any computer
with internet access. You also acknowledge that others have the option to use and save conversations with you in
their own personal account on https://www.toejuice.com. It is your agreement to this TOS which establishes your
consent to allow Toe Juice to store any and all communications on its servers.
Toe Juice shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall
not be held liable to you or to any third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
As a member of https://www.toejuice.com, you may cancel or terminate your account, associated email address
and/or access to our Services by submitting a cancellation or termination request to firstname.lastname@example.org.
As a member, you agree that Toe Juice may, without any prior written notice, immediately suspend,
terminate, discontinue and/or limit your account, any email associated with your account, and access to any of
our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall
include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your https://www.toejuice.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of
access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third
party with regards to the termination of your account, associated email address and/or access to any of our
The termination of your account with https://www.toejuice.com shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within https://www.toejuice.com;
- the deletion of your password and any and all related information, files, and any such content that may be
associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on
or through our Services, which may include the payment and/or delivery of such related goods and/or Services,
and any such other term, condition, warranty and/or representation associated with such dealings, are and shall
be solely between you and any such advertiser. Moreover, you herein agree that Toe Juice shall not be
held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such
dealings or as a result of the presence of such advertisers on our website.
Either Toe Juice or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites or resources,
and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any
other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and
agree that Toe Juice shall not be responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on
any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Toe Juice’s Services and any essential software that may be
used in connection with our Services (“Software”) shall contain proprietary and confidential material that is
protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and
agree that any Content which may be contained in any advertisements or information presented by and through
our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and
laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Grain Bins
Online or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works which are based on Toe Juice
Services (e.g. Content or Software), in whole or part.
Toe Juice herein has granted you personal, non-transferable and non-exclusive rights and/or license to
make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any
third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or
otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest
in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or
change the Software in any manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through any means other than through the
interface which is provided by Toe Juice for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF Toe Juice SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY
YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS
AVAILABLE” BASIS. Toe Juice AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Toe Juice AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) Toe Juice
SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) Toe Juice
SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE GRAIN BINS
ONLINE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF
ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET
YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE
SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF
Toe Juice SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR
AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO
ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING
AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY
BE OBTAINED BY YOU FROM Toe Juice OR BY WAY OF OR FROM OUR
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC
SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY
BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN
CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED
EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE
OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE
AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Toe Juice AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR
OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release Toe Juice (and its officers, directors, employees,
agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands
and damages (actual and consequential) of every kind and nature, known and unknown, suspected or
unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments or securities, please review the
above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of
information, the phrase “Let the investor beware” is appropriate. Toe Juice’s content is provided
primarily for informational purposes, and no content that shall be provided or included in our Services is
intended for trading or investing purposes. Toe Juice and our licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our
Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall
be no third-party beneficiaries to this agreement.
Toe Juice may furnish you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be herein after developed. Any such
notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized
manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and
all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Toe Juice trademarks, copyright, trade
name, service marks, and other Toe Juice logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of Toe Juice. You herein agree not
to display and/or use in any manner the Toe Juice logo or marks without obtaining Toe Juice’s
prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Toe Juice will always respect the intellectual property of others, and we ask that all of our users do the
same. With regards to appropriate circumstances and at its sole discretion, Toe Juice may disable and/or
terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that
your work has been duplicated in such a way that would constitute copyright infringement, or if you believe
your intellectual property rights have been otherwise violated, you should provide to us the following
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the
copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the
copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Toe Juice Agent for notice of claims of copyright or other intellectual property infringement can be
contacted as follows:
Attn: Copyright Agent
4423 Palm Point
San Antonio, Texas 78259
BE IT KNOWN, that Toe Juice complies with all applicable Federal Communications Commission
rules and regulations regarding the closed captioning of video content. For more information, please visit our
website at https://www.toejuice.com.
This TOS constitutes the entire agreement between you and Toe Juice and shall govern the use of our
Services, superseding any prior version of this TOS between you and us with respect to Toe Juice
Services. You may also be subject to additional terms and conditions that may apply when you use or purchase
certain other Toe Juice Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Toe Juice with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law
provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or
the relationship between you and Toe Juice, shall be filed within the courts having jurisdiction within
the County of ADA, Texas or the U.S. District Court located in said state. You and Toe Juice agree to
submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the
exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Toe Juice fail to exercise or enforce any right or provision of the TOS, such failure
shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect
to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or
contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your
account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action
arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or
cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Toe Juice as follows:
4423 Palm Point
San Antonio, Texas 78259